RAM MANOHAR Vs. STATE

JUDGEMENT

(1.) SINCE all the above four appeals arise out of the same judgment and order and similar question of fact of law is involved, they are being decided by this common judgment.

(2.) ALL the appeals arise out against the common judgment and order 13.5.2004 passed by Additional Sessions Judge/F.T.C.VI Dehradun, in Sessions Trial No. 33 of 2003 State v. Ramesh and Ors. whereby the learned Sessions Judge convicted accused/appellants Ramesh, Ram Manohar and Jai Chandra under Sections 396, 412, 201 I.P.C. The Sessions Judge while convicting the said accused/appellants under Section 396 I.P.C. sentenced them to undergo life imprisonment and fine of Rs. 10,000/ - each and in default of payment of fine they were directed to further undergo rigorous imprisonment for one year each. The Sessions Judge while convicting the said accused/appellants under Section 412 I.P.C. sentenced them to undergo rigorous imprisonment for ten years and fine of Rs. 10,000/ - each and in default of payment of fine they were directed to further undergo rigorous imprisonment for one year each. The Sessions Judge while convicting the said accused/appellants under Section 201 I.P.C. sentenced them to undergo rigorous imprisonment for three years and fine of Rs. 10,000/ - each and in default of payment of fine they were directed to further undergo rigorous imprisonment for one year each. All the sentences were directed to be run concurrently.

(3.) PROSECUTION story in brief is that on 25.11.2002 complainant Saroj Bala lodged a report at P.S. Kotwali to this effect that on 25.11.2002 at 1.00 p.m. when she reached to the house of her brother Mukesh Kumar resident of 26, Arhat Bazar, she came to know that shop of his brother was closed since previous Friday. The complainant asked Surendra about the whereabouts of Mukesh, he told that he had seen her brother along with his family going in a marriage ceremony on Sunday at 8.00 p.m. The complainant also enquired from other persons and accompanied her brothers Raj Kumar and Anil Kumar from her aunt's house. Then she took the key of shop from porter Ashapal and after opening the lock they entered into the shop where bad smell was coming out. On search, dead bodies of her brother Mukesh Kumar, brother's wife Nilam and their two children Siddarth and Yash were found lying in decomposed condition in the backside room and household items were found scattering. On enquiry it came to know that two porters whose names were Phoolchand s/o Dujjan and Viddan s/o unknown residents of Seervai P.S. Hussainganj, District Fatehpur, were also missing for the same day and it is sure that they along with others committed robbery in the house and committed murder of her brother, bhabhi and children. The F.I.R. of the said incident was lodged on 25.11.2002 at 3.20 p.m. under Section 302/394 at police station, which was registered as Case Crime No. 752/2002. The autopsy on the dead body of the deceased persons was conducted on 26.11.2002 at District Hospital, Dehradun. During investigation accused Ramesh, Ram Manohar and Jai Chandra were arrested and looted cash and jewellery were recovered from their possession. From the possession of accused Ramesh, six silver coins, out of them five coins were having impression of Laxmi Ganesh at one side and one coin was having impression of Adverd VII at one side; two golden rings, on of them was having 2.6 gms. weight and costing to Rs. 1200/ -, while another ring was having 3.0 gms. weight and costing to Rs. 1500/ -, were recovered and recovery memo was prepared vide Ext.Ka.29. Further, from the possession of the accused Ram Manohar, four golden bangles weighing 13 gms each, three golden bangles weighing 11 gms and costing to Rs. 45000/ - for all the seven bangles, two silver rings weighing 3.3 gms each and costing to Rs. 200/ - each, six silver coins costing to Rs. 600/ - each, Rs. 14,000/ - in cash having 11 five -hundred currency notes and 85 one -hundred currency note, were recovered and its recovery memo was prepared vide Ext.Ka.30. Further, from the possession of accused Jai Chandra, Rs. 14500/ - in cash having 28 five -hundred currency notes, 1 one -hundred currency note, 7 twenty -rupee currency notes, 26 ten -rupee currency notes, one golden ring, one artificial ring, one Mangalsutra costing to Rs. 17000/ -, were recovered and its recovery memo was prepared vide Ext.Ka.31. The police also took in his possession four glass and half bottle containing liquor, the finger impression over these articles were got examined by Finger Print Laboratory, Crime Investigation Department, Lucknow, U.P. Accused Ramesh, Ram Manohar and Jai Chandra were arrested, but rest of two accused Phoolchand and Viddan could not be arrested by the police. After completing all the requisite formalities of the investigation, charge sheets were submitted against accused Ramesh, Ram Manohar and Jai Chandra under Sections 396/412 and 201 I.P.C. and charge sheets were submitted against accused Phoolchand and Viddan on their absconding under the same Sections.